IN THE CASE OF: 

		BOARD DATE: 4 February 2014

		DOCKET NUMBER:  AR20130009392


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Bronze Star Medal with "V" Device and the Combat Infantryman Badge.

2.  The applicant states that it would be the right thing to do to list the two awards  on his DD Form 214. 

3.  The applicant provides a copy of a 29 December 2011 National Personnel Records Center (NPRC) letter.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted on 6 October 1967.  He held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that he was assigned in Vietnam to Company B, 2d Battalion, 27th Infantry, 25th Infantry Division from 18 September 1968 to on or about 31 August 1969.  Item 41 (Awards and Decorations) shows he was awarded the:

* National Defense Service Medal
* Bronze Star Medal with "V" Device
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* two overseas service bars

4.  His DA Form 20 also shows that all his conduct and efficiency ratings were "excellent."

5.  He was honorably released from active duty on 1 September 1969 as a staff sergeant (SSG)/E-6.  He had completed 1 year, 10 months, and 26 days of total active service.  

6.  His DD Form 214 shows the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.

7.  His record contains:

	a.  General orders showing he was awarded the Bronze Star Medal with "V" Device for action on 28 March 1969; and

	b.  Special orders showing he qualified for award of the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following four campaigns:  

* Counteroffensive Phase V                1 July - 1 November 1968
* Counteroffensive Phase VI               2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive                  23 February - 8 June 1969
* Summer - Fall 1969                           9 June - 31 October 1969

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that the 2d Battalion, 27th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968-30 September 1970 by Department of the Army General Orders Number 5, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1January 1966 -21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal with "V" Device, and his DA Form 20 shows he was awarded the Combat Infantryman Badge.

2.  Special orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

3.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his honorable release from active duty, advancement to specialist five, and receipt of a personal decoration.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

4.  Records show he participated in four campaign periods during his service in the Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  During the applicant's service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

6.  His DD Form 214 should be corrected to show these awards.

BOARD VOTE:

____x___  ____x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 October 1967 to 1 September 1969; 

	b.  deleting the Bronze Star Medal from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal with "V" Device
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* four bronze service star for wear on his already-awarded Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

   

      ____________x_____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130009392



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